The Family Law Act starts from a simple position. Property and debt acquired by either spouse during the relationship are family property and family debt, and each spouse is presumed to be entitled to half, no matter whose name is on the title or the account.
Some property is excluded. That generally includes what you owned before the relationship began, gifts and inheritances from third parties, and certain settlements and trust interests. Any increase in the value of excluded property during the relationship is still family property and is shared. A house one spouse bought before the relationship that doubled in value while the couple lived there is a common example.
A court can divide property unequally where an equal split would be significantly unfair, but that is the exception. Most of the work lies in finding out what exists, valuing it properly and tracing any excluded portion with documents.
What we help with
- The family home and other real estate, including property outside Canada
- Pensions, RRSPs, TFSAs and investment accounts
- Business interests, private corporations and professional practices
- Tracing and proving excluded property
- Family debt, including lines of credit held in one name
- Orders preventing property from being sold or moved during a dispute
How it usually works
- 01
Build the list
We prepare a full inventory of the assets and debts on both sides, with the documents to support each value.
- 02
Value and trace
Appraisals, pension valuations and business valuations are arranged where needed, and excluded property is traced back to its source.
- 03
Divide and document
The division is recorded in an agreement or order that covers title transfers, pension division and refinancing, so nothing is left half-finished.
Related services
- Separation AgreementsA written agreement that settles parenting, support, property and debt without a trial.
- Spousal SupportWhether spousal support is owed at all, then how much, for how long, and when it can change.
- Prenuptial & Cohabitation AgreementsPrenuptial, marriage and cohabitation agreements that settle the big questions before any dispute exists.